New Mexico Statutes 42-8-5. Affidavit
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Before the writ of replevin is issued, the plaintiff or some creditable person in his stead shall file in the district court an affidavit stating:
Terms Used In New Mexico Statutes 42-8-5
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
A. that the plaintiff is lawfully entitled to the possession of the property mentioned in the complaint;
B. that the same was wrongfully taken or wrongfully detained by the defendant;
C. that the plaintiff has reason to believe that the defendant may conceal, dispose of, or waste the property or the revenues therefrom or remove the property from the jurisdiction, during the pendency of the action;
D. that the right of action accrued within one year; and
E. specific facts, from which it clearly appears that the above allegations are justified.